being used for directly disseminating the impugned content, they are
undoubtedly necessary and proper parties in the present suit. In Ramesh
Hirachand Kundanmal v Municipal Corporation of Greater Bombay and
Others (supra), the Supreme Court has laid down the law as to who
necessary and proper parties are. This is a settled legal position, and does not
require any repetition or reiteration, At the prima facie stage, this Court is of
the opinion that the suit is not liable to be dismissed for non-joinder of the
alleged uploaders of the information or the publishers / author of the book.
2)
Whether the content is defamatory?
26.
The status of the Plaintiffs is well known and has already been subject
matter of the earlier litigation. A perusal of paragraph 18 of the plaint shows
that the Plaintiff has transcribed one of the videos, which it finds to be
offending, defamatory and malicious. The said video clearly claims to be a
summary of the book – ‗Godman to Tycoon – The Untold Story of Baba
Ramdev‘. The publishers of the book are mentioned. The video is also
conscious of the fact that the book has been banned w.e.f. 11th August, 2017,
which appears to be the date of one of the orders passed in the litigation
between Plaintiff No.1 and the publisher. Interestingly, the video claims that
the views in the video are of those of the author of the book and that the
video channel itself has no relationship with the views expressed therein.
Thereafter, the video proceeds to give a summary of the book. The relevant
portion of the transcription is given below:
“Hello Friends! Today I am going to tell you the
summary of the book ―Godman to tycoon: The Untold
Story of Baba Ramdev.‖ This book has been authored
by Priyanka Pathak Narain who is a journalist and
before publishing this book she used to cover
CS (OS) 27/2019
Page 17 of 76